I received an email from a former co-worker who I probably haven’t met in person for nearly 25 years, and it’s worth sharing.
I’ll just refer to him as “Joe.”
Joe was responding to my recent post about the series of assaults on Jake Smith within the Federal Detention Center in retaliation for his testimony in the racketeering trial that led to the conviction of Mike Miske. Civil Beat republished the post on Sunday (“Witness In Miske Case Keeps Getting Beaten In Prison By Crime Boss’s Allies, Lawyer Says”).
Miske, former owner of Kamaaina Termite and Pest Control, M Nighclub, Hawaii Partners, Kamaaina Plumbing, and other businesses, was convicted of 13 counts including racketeering conspiracy, murder, kidnapping, assault, use of a chemical weapon, and obstruction of justice. He faces the possibility of multiple life terms when he is sentenced on November 26.
Here’s “Joe’s” message.
Which genius put Bronson Gouveia and Mike Miske in the same module?
Sadly, beatings such as this happen all the time at all Hawaii prisons and jails. OCCC, Halawa, you name it. I know this to be true. OCCC is a mess. Murder Inc., USO, LaFamilia. They run the place. Inmates get “rolled up” in their cells for a set time period (say, a minute … punched, kicked etc.) while guards look the other way.
Keep looking at this. The guards are dirty. Worse than the inmates in many instances. I’m sure you know this, but I’m here to assure you that it is true.
In fact, the whole process is dirty. From the prosecutors to the judges to the Hawaii Paroling Authority to the prison management to the guards on down. It’s a shit storm.
Prosecutors routinely overcharge cases, leading to defendants taking plea deals that are inappropriate. Murder 2 gets pleaded down to manslaughter when the initial charge could have been aggravated assault to begin with. Or not charged at all. There’s no such thing as self-defense in Hawaii unless you stay to “render aid.”
Then, judges are too weak to put a time frame on sentences in front of victims’ families. They often just hand down a maximum sentence to the charge and let the HPA deal with minimums. The HPA is essentially setting sentencing terms.
Thank God Clayton Hee is finally off the HPA [Hawaii Paroling Authority]. Maybe there will be some sanity lent to the minimum sentencing process. Lord knows it needs it. Hee was famous for making the maximum the minimum, or close to it. Written sentencing guidelines be damned. It’s a fucking joke.
Then he added: “Keep hammering.”
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Joe is giving his views on the state system while Jake Smith is in the federal system.
That this happened within the Federal system makes it more shocking. Generally, in Hawaii at least, the Federal legal system displays more integrity and competence than that of the State. Perhaps the State of Hawaii’s general governmental incompetence has infected the Feds.
Exactly. Joe’s email is not worth sharing. Reporting on what is happening during these hearings concerning Mr. Smith would be.
It is obvious that the “criminal” are not the ones in true focus, but the “criminals “ are in suits and ties!!!
Yes, Dan Foley is correct. Smith is in the Federal System, not the State system. That said while I have no doubt there is corruption present involving custodial personnel in the State system as well as the Federal system. likely linked to several prison gangs , absent knowing how “Joe” comes by this knowledge, it’s difficult to take seriously his indictment of almost everyone involved in the criminal justice system. The late Ted Sakai , a former Director of Corrections is but one example of an honest , dedicated public figure engaged in reforming our corrections system.
Hawaii has indeterminate sentencing and, in some cases, mandatory minimum sentences. Thus, felony charges typically carry an “open term” penalty that leaves the judge with no discretion to impose a minimum or maximum term, which are typically set in statute. Think 5 to 10, 20 to life, etc. The Paroling Authority then determines the actual minimum term to be served (can’t be less than a statutory minimum) before the defendant may be eligible for parole and, later, determines whether to grant parole after that term.
An argument can certainly be made that far too many defendants are either not prosecuted after arrest (because the case is considered “minor,” is weak, or is just difficult) or are granted probation or a deferred acceptance of their guilty plea rather than sentenced to an open prison term. You typically have to make a series of very bad moves to get a prison sentence in Hawaii. And that obviously doesn’t include anything else you simply got away with. Many defendants commit multiple crimes because nobody stops them, and they grow bolder because there seem to be no penalties.
There are lots of credible ways to view these issues.
But here’s an obvious question: Will anyone who assaulted Smith (assuming that’s what actually happened) be prosecuted for that? What about those Hawaii dudes in Arizona who socked up a guard, grabbed his keys, and shanked another Hawaii inmate?
I suspect if the Hawaii Paroling Authority was legally challenged in court via a lawsuit, that it would possibly go up to the United States Supreme Court and lead to the HPA being declared unconstitutional. There is a reason why we have three branches of government. The HPA is, in effect, a fourth branch that overrides the Hawaii Judicial Branch. How is that legal or constitutional? I feel the HPA violates the rights of the victim by changing/altering sentences handed out by the Judicial Branch.
Excellent point!
The Paroling Authority neither “changes” nor “alters” sentences imposed by judges, but merely imposes minimum and actual sentences within guidelines established by statute and imposed pro forma by judges when those judges don’t grant probation or another alternative. And it’s a mistake to assume that such sentences are necessarily lower than what a judge with free rein would otherwise impose, although that’s certainly possible.
There are some good reasons to be unhappy with this system, and some judges and others no doubt feel that it ties their hands or is simply duplicative and unwieldy.
But, barring any overly harsh sentences that could perhaps be construed as cruel and unusual, there doesn’t appear to be any facial constitutional challenge here. If there is a valid challenge, it apparently has yet to be clearly articulated in a proper legal forum.
I don’t think Clayton Hee was ever a member of the HPA.
I stand corrected.
I stand corrected.
“Joe’s” email sheds light on the systemic issues plaguing the justice system, from the overcharging of cases by prosecutors to the leniency of judges and the questionable practices of the Hawaii Paroling Authority. As a lawyer, it’s disheartening to see such corruption and misconduct within the system. However, it’s crucial to keep advocating for transparency and accountability, just as “Joe” encourages. By exposing these injustices and demanding reform, we can strive for a fairer and more equitable legal system.
Mr. Smith should have been housed in Protective Custody from the first day of his incarceration, given that the BOP appears to be derelict in classifying and housing inmates to the extent that active gang members appear to have no problem infiltrating the various floors at FDC Honolulu. Protective Custody isn’t fun for the inmate, but I gotta believe it’s better than being assaulted multiple times.
The BOP is supposed to invest time and effort into classifying inmates from the day they enter the facility. New inmates stay in the SHU until classification is completed; it can sometimes take a week or two. Inmates are vetted according to their gang affiliation, propensity for violence, etc., etc. Inmates classified as dangerous or violent receive a higher classification and are housed accordingly. Done properly, the process goes a long way towards insuring the safety of all inmates. If a particular inmate is targeted because of the type of crime he is accused of committing or because he provided testimony in court, it’s often necessary to PC up for the inmate’s safety. Multiple assaults on an inmate would seem to indicate that there are shortcomings in the BOP’s safety protocols for inmates.
Gouveia is using his Facebook to green-light people in different prisons or outside of the prison. Miske, Gouveia, and Caspino all need to be locked up.
When a building becomes, not only infested, but begins to be overtaken by vermen and you don’t have enough traps to contain the problem an exterminator must be called in before the problem gets out of control and the rats take over the building. That’s just common sense in any scenario.
Sometimes karmic law trumps federal law and in this case rightfully so. If there was true Justice in this world Mr. Gouveia would get an early release for good behavior (if the allegations are true) for the much needed service he provided for the sake of the community. 96792
Well murder 2 and manslaughter both involve a death so that wouldn’t make sense for the initial charge to be an assault lol